Loading...
HomeMy WebLinkAbout06-05-1973 Regular MeetingA REGULAR MEETING CITY COUNCIL JUNE 5, 1973 MICROFILMED 4.24 -80 THE REGULAR MEETING OF THE CITY COUNCIL, CITY OF CAPE CANAVERAL WAS HELD ON JUNE 5, 1973 AT CITY HALL, 10.5 POLK AVENUE, CAPE CANAVERAL, FLORIDA AT 7:30 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. FIRKINS, JR. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR FIRKINS; COUNCILMEN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER A. J. FRANCIS; ASSISTANT.CITY ATTORNEY RICHARD SCOTT; CITY CLERK ANITA OSTROM; SGT. AT ARMS LT. HILL. THE MINUTES OF THE REGULAR MEETING OF MAY 152 1973 WERE APPROVED AS SUBMITTED. UNFINISHED BUSINESS: ITEM 1. ORDINANCE 16 -73 AMENDING ZONING ORDINANCE REGARDING ONCON 0 I G USE ( st Reading) FOR LACK OF A MOTION THIS ITEM WAS LEFT ON THE TABLE. ITEM 2. ORDINANCE 18 -73 CONTROL OF MOTOR VEHICLES NOT ON ROAD WA Y (2nd READING) MAYOR FIRKINS READ THE ORDINANCE ENTITLED. "AN ORDINANCE REGU- LATING THE USE OF MOTOR VEHICLES BY PROHIBITING THEIR USE FOR TRAVEL ON LAND OTHER THAN STREETS OR HIGHWAYS WITHOUT THE CONSENT OF THE LANDOWNER; PROVIDING A PENALTY FOR VIOLATION; PROVIDING AN EFFECTIVE DATE." MR..RUTKOWSKI MOVED FOR ADOPTION OF THE ORDINANCE, MR. RHAME SECONDED THE MOTION. MR. RUTKOWSKI MOVED TO AMEND THE ORDINANCE BY CHANG- ING SECTION 1, TO READ AS FOLLOWS: "NO PERSON SHALL USE A MOTOR VEHICLE FOR TRAVEL ON LAND OTHER THAN STREETS OR HIGHWAYS. "MOTOR VEHICLES" AND "STREETS OR HIGHWAYS" SHALL BE AS DEFINED IN CHAPTER 316 FLORIDA STATUTES. CONSENT OF THE LAND OWNER, HIS AGENT OR TENANT,MAY.`BE USED AS A DEFENSE�BY ANY PERSON CHARGED UNDER THIS ORDINANCE BUT THE BURDEN OF PROOF IN*SUCH DEFENSE BY COMPETENT EVIDENCE SHALL BE UPON THE PERSON SO CHARGED ". MR. RHAME SECONDED THE MOTION TO AMEND. THE AMENDMENT CARRIED BY UNANIMOUS VOTE OF COUNCIL. VOTE ON THE MAIN MOTION WAS UNANIMOUS, THE ORDINANCE WAS PASSED AS AMENDED. ITEM 3. ORDINANCE 19 -73 INTERIM CHARGES* FOR *GARBAGE (2nd Reading MAYOR FIRKINS READ THE ORDINANCE ENTITLED-"AN ORDINANCE ESTAB- LISHING A FEE TO BE KNOWN AS THE "INTERIM PROPRIETARY SERVICES FEE" TO BE CHARGED FOR NON - REIMBURSED CITY SERVICES PROVIDED TO IMPROVE PROPERTY DUR- ING THE INTERVAL BETWEEN THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY AND THE ENSUING JANUARY 1." MRS. THURM MOVED FOR ADOPTION, MR. SALVAGGIO SECONDED THE MOTION.! MR. RUTKOWSKI MOVED TO AMEND THE ORDINANCE AS FOLLOWS: SECTION 5, TO INSER MICROFILMED 4 -24 -80 4 FOLLOWING THE WORDS $4.00 PER MONTH, "PLUS ACTUAL CONTAINER CHARGES BILLED TO THE CITY BY THE GARBAGE SERVICE OPERATOR" FROM THE FIRST DAY OF THE MONTH FOLLOWING THE DATE OF THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. MR. SALVAGGIO SECONDED THE MOTION. THE MOTION TO AMEND PASSED UNANIMOUSLY. VOTE ON THE MAIN MOTION WAS UNANIMOUS, THE ORDINANCE, AS AMENDED, WAS I ADOPTED. NEW BUSINESS: ITEM 1. RESOLUTION 73 -21 CERTIFICATION OF ELECTION RESULTS. MAYOR FIRKINS CALLED FOR THE REPORT OF THE ELECTION CLERK, ALICE SCABAROZI FOR THE RETURNS FROM THE POLL. MRS. SCABAROZI REPORTED THE VOTE AS FOLLOWS: FRANKLYN P. MACLAY 357 LEO C. NICHOLAS SAM PECORARO, JR. WITH 725 TOTAL VOTES BY MACHINE. 319 49 COUNCIL THEN CANVASSED THE ABSENTEE BALLOTS. 45 ABSENTEE BALLOTS WERE CANVASSED, TWO DECLARED ILLEGAL-DUE TO IMPROPER MAILING. THE VOTE BY ABSENTEE BALLOT WAS AS FOLLOWS: FRANKLYN P. MACLAY 18 LEO C. NICHOLAS 27 SAM PECORARO, JR. 0 TOTAL VOTE ON THE MACHINES AND THE ABSENTEE BALLOTS AS FOLLOWS: MACLAY 375 NICHOLAS 346 PECORARO 49 TOTAL VOTES 770. MR. MACLAY WAS DECLARED THE WINNER OF THE ELECTION FOR MAYOR. ONE ABSENTEE BALLOT WAS CHALLANGED BY A CITIZEN IN THE AUDIENCE, BUT THE CITY ATTORNEY RULED THAT THE BALLOT WAS LEGAL AND IT WAS INCLUDED IN THE 45 CANVASSED. MR. SALVAGGIO MOVED FOR ADOPTION OF THE RESOLUTION CERTIFYING THE ELECTION. MR. RUTKOWSKI SECONDED THE MOTION, MOTION CARRIED BY UN- ANIMOUS VOTE. ITEM 2. RESOLUTION 73 -22 BUDGETING REVENUE SHARING FUNDS MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION CON- CERNING THE STATE AND LOCAL FINANCIAL ASSISTANCE ACT OF 1972; ESTIMATING EFFECT ON BORROWING REQUIREMENTS; ESTIMATING EFFECT ON TAX LEVELS; EN- ACTING A THIRD ENTITLEMENT PERIOD BUDGET; CERTIFYING COMPLIANCE WITH RE- QUIREMENTS OF THE ACT;.PROVIDING AN EFFECTIVE DATE ". i BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. RHAME AND UNANIMOUS VOTE OF COUNCIL, THE RESOLUTION WAS ADOPTED. 7 1' MICROFILMED 4 -24 -80 ITEM 3. SEWER TRUCK BIDS THE CITY MANAGER ANNOUNCED THAT ONE BID HAD BEEN RECEIVED AND DUE TO THE HIGH AMOUNT RECOMMENDED THAT COUNCIL REJECT THE BID. BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL THE BID WAS REJECTED. i'TEM'.4. ORDINANCE 20 -73 NOISE CONTROL ORDINANCE (1st Reading). MAYOR FIRKINS READ THE TITLE OF THIS ORDINANCE AS FOLLOWS: "AN ORDINANCE DECLARING POLICY TO ABATE NOISE; ESTABLISHING SOURCE NOISE STAND- ARDS WHICH APPLY TO; ALL SOURCES,'FIXED MACHINERY, NON- STATIONARY SOURCE TESTING, TRANSPORTATION AND RECREATIONAL VEHICLES, SPECIAL SERVICES, AND MISCELLANEOUS DEVICES; ESTABLISHING PERSONAL SAFETY NOISE STANDARDS; PRO- VIDING FOR VARIANCES; PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE NO. 21 -72; PROVIDING AN EFFECTIVE DATE". BY MOTION OF MR. RUTKOWSKI, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL, FIRST READING WAS APPROVED. ITEM S.. APPROVAL-OF EXPEND U FROM RENEWAL AND REPLACEMENT MR. SALVA I 0 E TO APPROVE THESE EXPENDITURES, MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 6. MOTION REGARDING CHAMBER OF COMMERCE FUNDS BY MOTION OF MR. SALVAGGIO, SECONDED BY MRS. THURM AND UNANIMOUS VOTE OF THE COUNCIL, $1,000.00 WAS AUTHORIZED TO BE GIVEN TO THE CHAMBER OF COMMERCE FROM THE GENERAL FUND. BY MOTION OF MRS. THURM, SECONDED BY MR. RHAME, THE MEETING WAS ADJOURNED AT 9:00 P.M. CITY CLER APPROVED THIS /9 DAY OF ;u4o -1973.